Legal Question in Personal Injury in California

auto accident claim settlement

I need your advice. I had a frontal collision accident where the other party is at fault and he doesn't have insurance. Luckily I have an Uninsured Motorist on my policy. So my adjuster going to applies Uninsured Motorist for my damage. He said what ever he pays me; he will get it back from the other party. So that will put me out of the picture. Turn out my car is a total lost, so my adjuster offered me $3000 for my property damage, which I'm happy with that. Now come for the bodily injury, he offering me $1000 to settle the case, since I went to the hospital once with my own health insurance and I was pretty much Ok from the accident.

But the problem is, one week later after my accident I had another accident in my friend car, somebody rear-ended us. But in my friend case, we were hurt from a whiplash. My friend and me are seeking medical attention now. The case is now pending since I�m still seeing doctor.

The questions are,

1) Should I take $1000 from my insurance for bodily injury and settle my case?

2) Will it going to affect my current case if I take the money from my insurance?

3) What do you suggest I should do?


Asked on 12/13/04, 4:04 pm

5 Answers from Attorneys
Daniel Harrison Berger Harrison, APC

Re: auto accident claim settlement

1. If you weren't that hurt in the first accident, you should try to get a little more money and run. Since this is your own insurance company, they owe you a special duty to settle in good faith. This means that they are not allowed to low ball you. They must offer a reasonable settlement. If they do not, you can sue them for bad faith and potentially recover punitive damages. Just tell the insurance company that the offer was in "bad faith" and give them a counter-offer.

2. The parties to the second accident will argue that any injuries you claim to have suffered from the rear-end accident were pre-existing - caused by your first accident. The fact that you were involved in the first accident, and the severity of any injuries caused by that accident, are more important than the amount of money you recovered. You may even be able keep private the amount of money you settled for.

3. I would recommend that you contact this office for legal representation. You can probably settle the first accident on your own with the advice I have already given. However, with regard to the second accident, having a lawyer will ensure that you are adequately represented and compensated.

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Answered on 12/13/04, 11:56 pm
Kevin Sullivan

Re: auto accident claim settlement

Cases like yours are more difficult then standard auto cases. Your case involves two seperate accidents which each insurance company will likely use to low ball you in settlement negotiations.

The insurance companies have several arguments they use in soft tissue and other minor injury accidents. One of them is the preexisting injury argument (the first accident caused the injury and the second accident if anything just exacerbated it and vice versa so therefore we should pay less).

What you need to do is consult a personal injury attorney in your area who can review the facts and medical bills of both accidents to see how your injury was caused. The attorney can help marshal the facts together for you to get the best settlement possible under the circumstances.

These cases can be real problems because juries are often skeptical when multiple causes of an injury exist.

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Answered on 12/15/04, 9:51 am
Terry A. Nelson Nelson & Lawless

Re: auto accident claim settlement

You are entitled to compensation for the 2nd injury. You can take the offer on the 1st case, and will need to fight for your claim on the 2nd. If your medical expenses are high, you will need an attorney to make an effective fight on the 2nd. Feel free to contact me if interested.

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Answered on 12/14/04, 12:37 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: auto accident claim settlement

This sounds like a case for a lawyer to handle. If you also had whiplash in the first accident, then there might be a tie-in. If it's a different type of injury then it really shouldn't matter -- but the other driver's attorneys or insurance company is sure to bring it up, anyway.

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Answered on 12/13/04, 9:25 pm
Okorie Okorocha California Legal Team

Re: auto accident claim settlement

Sorry to hear about 2 accidents in a row. You really need an attorney to look over your injuries and determine if the settlement is okay. Also, did you know that the health insurance company could seek reimbursement?

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Answered on 12/13/04, 9:26 pm


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